17-10

2 Section 2. Duration of Agreement This agreement shall become effective on January 1, 2010 and expire on December 31, 2011. This contract may be terminated any time after March 31, 2010 by the Township or Benecke on thirty days (30) days written notice. Section 3. Representation of the Parties. a. Benecke is an independent contractor and Benecke will be provided an IRS 1099 form for purposes of tax reporting. b. Benecke shall not be required to supervise any Township employee. c. Benecke shall exercise due diligence in carrying out his consulting tasks and utilize best practices in providing financial advice. d. Such other and further responsibilities as the Township reasonably requests. Section 4. Compensation The Township shall pay Benecke at a rate of $2,000 per month beginning January 1, 2010 through December 31, 2011 not to exceed the sum of $24,000 annually, unless as otherwise provided herein. Benecke shall provide whatever hours are necessary to fulfill this contract, however, should Benecke spend more than 250 hours in any full calendar year performing the services necessary under this contract then Benecke shall be reimbursed at the rate of $125 per hour. Expenses shall be reimbursed for actual out-of-pocket expenses plus travel at the Internal Revenue Service rate not to exceed $200 during the term of this agreement. Section 5. Assignment This Agreement shall not be assigned or assignable, either by action of Benecke or by law. Section 6. Affirmative Action Plan During the performance of this Agreement, Benecke agrees as follows: a. Benecke, as applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Benecke will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to the age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Benecke agrees to post in conspicuous places, available to

itment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Benecke agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause; b. Benecke, as applicable, will in all solicitations or advertisements for employees placed by or on behalf of the Township, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation; c. Benecke, if applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers; representative of Benecke's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment; d. Benecke, if applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to